This paper examines the strategies for the legitimisation of power in courtroom encounters. It focuses on how discourse becomes the instrument for power and control during the judicial process of witness examination in a Nigerian courtroom context. Legitimisation, as used in this study, therefore, provides more insight into how language use within an institutionalised setting becomes the locus of social interactions designed to achieve specific social goals. Critical Discourse Analysis (CDA) was adopted as the theoretical framework to undergird the description (...) and discussion of the data. The data for this study was drawn from the proceedings of two regional Election Petition Tribunals in South-western and North-eastern Nigeria in 2007 and 2011 respectively. The legal contexts provide the adversarial space for the use of discourse as power and control. The findings reveal that various legitimisation strategies such as confrontational move, circumlocution and pleading forgetfulness along with such traditional strategies as authorisation, moralisation and rationalisation are deployed by the discourse participants to legitimise and delegitimise power in this institutional setting. The paper shows that language is crucial in the judicial process and should be carefully handled so that litigants can have sufficient confidence in the process and be reassured of effective resolution to their legal matters. (shrink)

Based on the examination of 49 Chinese criminal trials transcribed from the audio-visual recordings on the ‘China Court Trial Online’ website ( https://tingshen.court.gov.cn/ ), the institutional participants–prosecutors, defence lawyers, and judges–are found to frequently repeat defendants’ responses (‘other-repetition’), after a question–answer adjacency pair. Other-repetition has been described as a resource for showing participation and familiarity (Tannen 2007), initiating repair and registering receipt (Schegloff 1997), and displaying understanding and emotional stance (Svennevig 2004). However, other-repetition in trial discourse has not been thoroughly (...) researched. Therefore, this article aims to further examine this salient institutional linguistic feature in order to explore stance construction as a third turn. It is common to associate certain prosodic features of a repetition with the stance of the speaker. However, prosody may not be a reliable cue for stance interpretation in Chinese courtrooms, as institutional participants might conceal their stance during a repetition. Though they are more explicit in displaying their stance with turn-initial repeats, the distinction between the prosody of repeats for different functions is not categorical. It is found that defendants are sensitive to the lexicogrammar and multimodal cues for stance interpretation. (shrink)

This paper draws on a social perspective of language use in the legal processes of asylum claims with particular attention to decision-writing and written texts within the context of the Greek Appeals Authority. Such a perspective aligns with an interdisciplinary call for emerging research framed in sociolinguistics and the law, that facilitates knowledge sharing in order to make visible the institutional veracity control inherent in asylum processes. To that end, applying van Leeuwen’s social actor network framework, I analyze nine (9) (...) institutional written records, issued between 2011 and 2021 by focusing on the semiotics resources at play in writing. My conclusions highlight the institutional discursive power over writing and representing the applicants and their claims. Ultimately, such institutionally controlled texts are nothing but technopolitical discourse devices through which access to or rejection of protection is granted, thereby governing asylum in fundamentally stratified ways. (shrink)

Drawing on Brown and Fraser’s (in: Giles, Scherer (eds) Social markers in speech, Cambridge University Press, Cambridge, pp 33–62, 1979) framework for the analysis of communicative situations and Fuentes Rodríguez’s (Lingüística pragmática y Análisis del discurso, Arco Libros, Madrid, 2000; in Estudios de Lingüística: Investigaciones lingüísticas en el siglo XXI, 2009. https://doi.org/10.14198/ELUA2009.Anexo3.04 ) model of pragmatic analysis, this paper examines three home-made recordings featuring some of the members of the terrorist cell responsible for the 2017 vehicle-ramming attacks in Barcelona and (...) Cambrils weighted as evidence during the trial held between November 2020 and May 2021 in the Spanish National High Court. The aim of this qualitative analysis is to test whether the linguistic evidence available supports the allegation that the participation in these recordings by one of the accused, Mohamed Houli Chemlal, had been planned by his interlocutors. Results show, first, that the exchanges analyzed present features indicative of both spontaneity and (limited) planification. Second, that Houli makes key contributions to the unfolding of the interactions shown in the recordings and that he does so in a cooperative and apparently relaxed manner, which could at best provide only partial support to his allegations. It is claimed that forensic linguistic analysis can generate valuable insights within terrorism-related legal proceedings. (shrink)

The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning vulnerable witnesses, requiring, in part, (...) that questioners avoid embarrassing or offending witnesses. Using a discourse analytic approach, this paper examines transcripts from three recent ICC cases dealing with wartime sexual violence—_Bemba, Ongwen_, and _Katanga and Chui—_exploring the discursive strategies employed by prosecutors and defense attorneys in these trials as they navigate arguing their cases before the judges while also tailoring their questions to adhere to the VWU’s provisions. I show that adhering to the provisions often involves relying on euphemistic expressions to discuss rape—which enter the trial discourse through linguistic formulations and reformulations—even though these expressions reflect the language used to discuss consensual sex and not sexual violence. Thus, this method of adhering to the provisions can undermine the prosecution’s case while helping the defense’s. (shrink)

This paper reports the first case in which a linguist served as an expert witness in Hong Kong, a former British colony that has operated as a special administrative region of the People’s Republic of China (PRC) since 1997. The dispute was on the meaning of the political slogan “Liberate Hong Kong, Revolution of Our Times”, which was widely adopted during the 2019–2020 protests. The keywords “liberate” and “revolution” are smoking gun evidence for the prosecution in a large cluster of (...) cases that involve sedition law and national security offences. Section I of the paper provides background information about a case the author was involved in, which was concerned with whether the slogan was seditious. Section II describes the analysis conducted, which concludes that the slogan as a whole refers to a need to rectify a problem and to return to the original, a more desirable state of affairs for Hong Kong, without specifying what problem there is and what the desirable state of affairs looks like. Section III highlights some critical issues in the analysis, discussing challenges faced and ethical questions for the expert witness. Section IV is a postscript that briefly describes the outcome of the case. (shrink)

Since at least as far back as the infamous Derek Bentley case of the 1950s in which an unarmed 19-year-old was convicted and executed for murder based on his alleged uttering of the words _let him have it_ to his gun-wielding accomplice, the issue of incitement has been positioned firmly as an object of interest for forensic linguists. An example of a language crime—i.e. an unlawful speech act (as reported by Shuy in Language crimes: The use and abuse of language (...) evidence in the courtroom, Wiley Blackwell, Hoboken, 1993) the features of incitement—formalized as _intentionally encouraging or assisting others to commit an offence_ in the law of England & Wales under section 44 of the Serious Crime Act 2007 (https://www.legislation.gov.uk/ukpga/2007/27/contents)—have been widely debated by linguists and legal scholars alike. This paper draws on two webinars hosted by The Hunting Office in August 2020, which were subsequently leaked by the Hunt Saboteurs Association. Featuring senior figures from the hunting community addressing a nationwide audience of hunt masters, the webinars led to a police investigation and subsequent prosecution and conviction of one of the main speakers, Mark Hankinson, for _encouraging or assisting others to commit an offence under the Hunting Act 2004_. In this paper I explore what, linguistically, is meant by _encouraging or assisting_. Through corpus-assisted pragmatic and discourse analyses I interrogate the webinars to address the question of how precisely Hankinson implied his encouragement of illegal hunting with dogs. The phenomena of collocation and semantic prosody are crucial for understanding how such meanings came to be attached to the contributions Hankinson makes to the webinars. Moreover the paper will examine the contributions of other speakers and demonstrate that the same incriminating linguistic patterns in Hankinson’s talk are also evident in that of those who were not prosecuted. (shrink)

This paper is aimed at assessing how power, control, and resistance come into play and how resistance counteracts power and control in police investigative interviewing. Considering that the Philippines was once a colony of the United States, it is essential to compare the two samples as the Philippine legal system is highly patterned after the American jurisprudence (Mercullo in JForensicRes 11:1–4, 2020). Highlighting the existing and emerging power relations between the police interviewer and the interviewee, the study employed Sacks, Schegloff, (...) and Jefferson’s ( Recuenco, A. (2022). Cops to undergo investigation retraining to improve conviction rate. Manila Bulletin. https://mb.com.ph/2022/07/21/cops-to-undergo-investigation-retraining-to-improve-conviction-rate/ ) Conversation Analysis (CA) and Fairclough’s (Ehrlich in Coulthard and Johnson (eds), The Routledge Handbook of Forensic Linguistics, Routledge, 2010) Critical Language Studies (CLS) as general frameworks. A total of 10 Philippine and American police interviews were examined. While the Philippine corpus was obtained from the Pasay City Police Station, Metro Manila, the American corpus was culled from forensicling.com, an open-access website containing forensic linguistic data. Findings revealed that power and control were employed by the police in both contexts with 109 evidential markers (50.7%) and 2,443 representative speech acts (63.3%) having the highest frequency of occurrence. What is striking is the fact that police officers in both Philippine and American contexts show power and control in their utterances to be able to achieve the goal of police interviewing, that is, to gather information and elicit voluntary responses from the interviewees. Through this study, it is hoped that interviewers will be able to explore a better system of the questioning process that may lead the interviewees to cooperate more with them and arrive at a more accurate information. (shrink)

Forensic authorship analysis is based on two assumptions: that every individual has a unique idiolect, and that features characteristic of that idiolect will recur with a relatively stable frequency. Yet, a speaker’s language can change with age, affective states, according to audience, or genre. Thus, studies on authorship analysis should adopt the theory that while some linguistic parameters of an idiolect can remain stable, others can change depending on various circumstances. This investigation, which takes a constructional and functional-based approach to (...) discourse-level phenomena in idiolectal stability, analyzes cross-genre data produced by nine Mexican participants throughout a twelve-year time span. This study contributes to a greater understanding of the linguistic elements that survive genre effects and are potentially useful in both investigative and evidential forensic linguistic work. We provide a detailed description of linguistic features, their specific values, and context-dependent interpretation, keeping in mind the context of expert linguistic testimony, with its preference for methods which “employ linguistically motivated analyses in combination with quantitative tools” (Solan & Tiersma, 2004, p.463). Our findings show that idiolectal style tends to remain stable across genres and communication modes in epistemic modality constructions. Epistemic markers —specifically, markers indicating low commitment by the speaker (e.g., _no sé_ ‘I don’t know’) or expressing indirectness when introducing the illocutionary force (e.g., _la verdad [es que]_ ‘the truth [is that]’)— display idiolectal stability, as these markers seem to be the most effective in terms of allowing speakers to strategically manifest the extent of their knowledge regarding what is said. (shrink)

This paper employs _Conversation Analysis_ to investigate a specific interactional environment in Swedish police interviews (PIs): sequences where the interviewee asserts an inability to recollect specific events, and the police subsequently challenge this assertion. The police interview serves as a crucial setting for reconstructing past events and identifying the distribution of knowledge among participants. While previous research has delved into the cognitive mechanisms underlying memory retrieval in PIs, there exists a scarcity of empirical investigation of how memories and their associated (...) knowledge are interactionally managed within this high-stakes activity. Prior Conversation Analytic studies exploring how epistemic dimensions shape social interaction form the theoretical basis for the current study, including research indicating how ‘forgetfulness’ can be strategically employed as an interactional resource. Only a few studies have targeted recorded high-stakes interviews in Swedish, and the lack of such is problematic since international research have highlighted the influence of cultural and social factors on conditions and outcomes. Data used for this study comprises anonymized audio recordings (N = 51) from a preliminary murder investigation, making a valuable contribution to the understanding of interactional practices in Swedish police interviews. Results indicate a discrepancy in orientation between the police and the interviewee. The former treats the memories as accessible _knowables_ possible to retrieve, in contrast to the latter, who uses the police’s challenge as a vehicle for contesting the ‘impossible action of remembering.’. (shrink)

Judges wield enormous power in modern society and it is not surprising that scholars have long been interested in how judges think. The purpose of this article is to examine how US judges reason on language issues. To understand how courts decide on comprehension of constitutional rights by speakers with Limited English Proficiency (LEP), I analyzed 460 judicial opinions on appeals from LEP speakers, issued between 2000 and 2020. Two findings merit particular attention. Firstly, the analysis revealed that in 36% (...) of the interrogations, LEP speakers were advised of their rights only in English. This means that two decades after the Executive Order 13166 (2000) _Improving Access to Services for Persons with Limited English Proficiency_, law enforcement still doesn’t have adequate resources to advise LEP speakers of their constitutional rights in their primary languages. Secondly, the analysis revealed that some courts treat second language proficiency as an all-or-none phenomenon. This approach results in linguistic discrimination against LEP speakers who cannot comprehend legal language but are denied the services of an interpreter because they can answer basic questions in English. I end the discusson with recommendations for best practices in delivery of constitutional rights. (shrink)

Establishing common ground in police investigative interviews is essential in preventing misperceptions and miscommunications, to enable a witness’s best evidence to be collected. However eliciting a consistent account of an allegation from individuals with an Intellectual Disability (ID) is dependent on the skill of the interviewing police officer and the communicative competence of a witness with ID. Acknowledging the specialist nature of this process, the Youth Justice and Criminal Evidence Act in England and Wales allows trained intermediaries to facilitate communication (...) between vulnerable individuals in legal settings such as forensic interviews. Intermediaries i.e., communication specialists, often recruit legally permitted low technology communication aids such as line drawings to facilitate interviews. Typically, common ground is established through shared attention and talk but this article uses multimodality Conversation Analysis to analyse the manner in which common ground in intermediary-mediated police interviews is established in other ways, i.e., firstly, through recruiting and using low technology communication aids in real interviews, and secondly through the embodied physical actions associated with manipulating those aids. Line drawings are examined here, enabling the answers given by witnesses with an ID to be semantically aligned with the questions being asked by the interviewing officers, by establishing common ground. Aids are shown to bypass documented difficulties with attention and staying on topic that individuals with ID typically experience, thus enabling them to verbally provide investigation-relevant evidence. (shrink)

United States law and culture have yet to find a constructive and fair way to talk about rape, especially in “non-paradigmatic” rape cases like acquaintance or date rape. Particularly on college campuses, acquaintance rape is an ongoing, severe problem. Leading legal minds disagree sharply on how to address it. In part, this polarizing debate stems from our collective inability to free our language of the myths and stock stories that plague the subject of rape. No court case better exemplifies the (...) problem than the notorious decision of the Pennsylvania Supreme Court in Commonwealth v. Berkowitz, one of the most widely taught rape cases in the United States. In his empirical study of attitudes on rape, Professor Dan Kahan used the Berkowitz facts in part because they are such an iconic representation of some of the more difficult and troubling issues surrounding acquaintance rape. In that study, Kahan concluded that whether people perceive a story as describing “rape” depends primarily on cultural cognition, meaning the cultural group to which the reader of the story belongs. The text and substance of the law’s definition of rape mattered little. Kahan concluded that if we wish to change outcomes in rape cases, the cultural understandings of rape, more than the law, must change. This essay takes Kahan’s conclusion that cultural understanding is the primary driver of rape outcomes and asks the question: from where does that cultural understanding come? In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. The facts of judicial opinions reflect the judges’ cultural understanding of rape and then that cultural understanding becomes what rape is (and isn’t). That image of rape then powerfully influences cultural understanding within and outside of law. It is a recursive process by which legal narratives create and reinforce cultural understanding which then itself creates and reinforces legal narratives and so on in an endless loop. In this way, law is neither irrelevant nor innocent in the outcome of rape cases. It is just exerting its influence, often imperceptibly, through rhetoric. (shrink)

The complexities of domestic abuse as both a lived experience and a crime generate unique communicative challenges at the scene of emergency police call-outs. Space is a prominent and complex feature of these ecounters, entailing a juxtaposition of the institutional and the private, whereby frontline officers seek evidence of abuse from victims in the same space in which the abuse occurred. This paper explores how speakers manage one evidentially salient aspect of these encounters: officers’ advancement into victim’s immediate personal space (...) to inspect and photograph their injuries. As compared with the attention dedicated to preserving vulnerable victims’ personal ‘bubble’ of space in formal investigative interviews, first response guidelines allow participants more leeway to adapt their behaviour according to the unpredictable demands of each situation. I present two case studies here which form part of a wider study of first response call-outs to domestic abuse incidents reported to a UK police force. The audio data have been extracted from police body-worn video footage and transcribed, with visual information represented intralinearly. Through conversation analysis, I examine the microinteractional means by which personal space is made relevant and consequential to the unfolding talk, with a focus on how ownership rights and control over the space are (re)constructed discursively. Analysis demonstrates that entering victims’ personal space can be managed in ways that either reinforce their disempowered position or afford them some control. The findings have implications in relation to victims’ potential vulnerability, police-victim relations and the nature of the evidence produced. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)